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Liquidated Damages and Penalties:A Comparison of the Common Law and Certain International Approaches

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thesis
posted on 22.05.2019 by RICHARD JAMES MANLY
The thesis compares recent developments to the tests to be applied to engage the penalty doctrine in Australia and England with certain international approaches which apply a different test.All systems analysed evidence a common rational which is that stipulations with the aim or purpose of punishment will not be enforced.Recommendations are provided as to how the relevant test for legitimate interests which applies in Australia and England can be limited in its application.

History

Campus location

Australia

Principal supervisor

Normann Witzleb

Additional supervisor 1

Sirko Harder

Additional supervisor 2

Rebecca Giblin

Additional supervisor 3

Gabrielle Golding

Additional supervisor 4

Mark Davison

Year of Award

2019

Department, School or Centre

Law

Course

Doctor of Philosophy

Degree Type

DOCTORATE

Faculty

Faculty of Law

Exports

Categories

Exports